1.1 “Account” means the Subscriber’s profile as defined in the customer information management system reflecting the customer’s name, account number, MSISDN, assigned credit limit, account type/category etc.

1.2 “Activation” means the grant of full access (ability to send and receive calls/SMS and enjoy the full range of services) typically provided on the Network.

1.3 “Activation Date” means the date when having completed SIM registration in line with the provisions of clause 4 below, the line is activated and given full access to the MTN network.

1.4 “Agreement” means these Terms and Conditions.

1.5 “Credit Based Account” means the postpaid account category for customers who achieve the minimum score required for allocation of ‘unsecured credit’ as defined in MTN credit policy document.

1.6 “Deposit Based Account” means the postpaid account category for customers who satisfy the requirement for allocation of ‘secured credit’ as defined in MTN credit policy document.

1.7 “Fee(s)” means the charges for the use of the Network Services i.e. voice, SMS and data, as may be published by MTN from time to time or fees levied by MTN on the Subscriber and pertaining to the provision of the Network Services, SIM cards and any other services however described.

1.8 “GSM” means the Global System for Mobile Communication as defined in the European Technical Standards Institute structure of specifications.

1.9 “Hard Suspension” means when a line is suspended from making outgoing and incoming activities. (i.e Calls, SMS & Data).

1.10 “ICC” means International Country Code.

1.11 “Month” means a period, which commences from 00:00hrs on a particular day (determined by MTN from time to time) of a calendar month and shall endure until 23:59:59hrs of the last day of the calendar month.

1.12 “MTN” means MTN Nigeria Communications PLC, an Information Communications Company incorporated in accordance with the laws of the Federal Republic of Nigeria and licensed by the Nigeria Communications Commission to provide digital telephony and related services whose principal place of business is at MTN Plaza Building, Falomo, Ikoyi, Lagos. MTN shall where the context so admits include its successors-in-title and assigns.

1.13 “MSISDN” means the Mobile Station International Subscriber Directory Number (otherwise known as the mobile telephone number) programmed into each SIM Card.

1.14 “Network” means the digital mobile (cellular) telephony system operated by the Operator.

1.15 “Network Services” or “Services” means the Telecommunications Network Services and related services, including Value Added Services, made accessible to the Subscriber by MTN in terms of this Agreement.

1.16 “Operator” means MTN, its successor or assignees.

1.17 “Order” means an order placed by a subscriber on MTN in respect of SIM cards and/or use of the Network Services.

1.18 “Package Option” or “Tariff Plan” means any one of the tariff plans under which the Network Services are made accessible to Subscribers, which tariff plans are set out by MTN and vary according to the rate or usage charges i.e. voice, SMS and data, value added services included and other variables determined by MTN from time to time – but subject to the requirements, conditions and/or approval of the Regulatory Authority, where applicable.

1.19 “Pack” or “Kit” means the package containing the SIM Card and information sheet describing the Network Services which the Subscriber will receive upon purchasing Terminal Equipment and/or a SIM Card.

1.20 “Prime Rate” means a rate of interest per annum which is equal to the prevailing Monetary Policy Rate (MPR) per annum plus 3% (three percent), compounded monthly in arrears and charged on any outstanding bill.

1.21 “Regulator” or “Regulatory Authority” means the Nigerian Communications Commission (NCC) and/or any government-appointed body with powers of regulation affecting the telecommunications industry.

1.22 “Security Deposit” means the payment of minimum sum of NGN5,000.00 (Five Thousand Naira) deposit which may be required for allocation of credit limit during activation of deposit based postpaid account.

1.23 “The Schedule” means the Order or subscriber agreement form section of this Agreement and to which these Terms and Conditions are attached or printed overleaf.

1.24 “SIM Card” means a Subscriber Identity Module incorporating an IMSI (International Mobile Subscriber Identity) and MSISDN which, when activated by MTN, provides a Subscriber using a compatible Terminal Equipment with access to the Network Services.

1.25 “Soft Suspension” means when a line is suspended from making incoming and outgoing calls in cases of Roaming plan, but is able to receive incoming calls in cases of national calls.

1.26 “Subscriber” means that the individual in whose name an MSISDN is registered in accordance with the provisions of Clause 4 herein.

1.27 “Terminal Equipment” means a Terminal and accessories thereto utilized by the Subscriber to send and/or receive messages and voice calls via the Network (which is commonly known as the mobile handset).

1.28 “Value Added Services (VAS)” means additional benefits, non-core /non-standard services provided by a content provider to MTN’s Subscribers. The VAS is provided to a Subscriber under certain Package Options to the exclusion of other Package Options, or may be provided at additional charges and may be introduced or withdrawn by MTN at its discretion from time to time.

1.29 “You” means the Subscriber.

In this Agreement, unless the context clearly indicates a contrary intention, the words defined below have the meanings assigned to them, and similar expressions shall bear corresponding meanings.

3.1 This Agreement shall commence on the Activation Date of a SIM Card issued to the Subscriber by MTN until terminated by MTN forthwith on notice to the Subscriber.

3.2 Termination under this Clause shall be at MTN’s discretion in the event of any of the following: persistent breach of this Agreement by the Subscriber, non-payment of Fees, illegal use of the MSISDN, withdrawal or termination of the license issued by the Regulatory Authority in terms of which MTN is authorized to give the Subscriber access to the Network Service or for whatsoever reason at MTN’s discretion. Such termination shall not preclude the Subscriber from fulfilling any outstanding obligations to MTN.

3.3 Notwithstanding the use of agents or other intermediaries by MTN, the Order by the Subscriber is an offer made by the Subscriber to MTN and will be so considered once received and acknowledged by MTN. MTN’s acceptance of the offer (if it does accept) shall be indicated by the Activation of the SIM Card as contemplated in Clause 3.1 in which instance this Agreement shall become binding between MTN and the Subscriber whether or not the Subscriber was notified of the acceptance of the Order. The Subscriber hereby expressly dispenses with any requirement of notification of such acceptance.

3.4 If any SIM Card is supplied to the Subscriber for any purposes other than that contemplated under this Agreement and activated at any time pursuant to the execution of a further agreement between MTN and the Subscriber, which execution occurred subsequently to the execution of this Agreement, then to the extent applicable, such SIM Card shall be governed by the terms and conditions of such later agreement.

4.1 In line with the Federal Government’s directive to ensure all active MSISDNs are linked with National Identification Numbers (NINs), a valid National Identity Number (NIN) is required to purchase a SIM card on the Network.

4.2 After purchase of your SIM card, you are required to insert your SIM Card into your Terminal Equipment after which an MSISDN will be generated and assigned as your number.

4.3 Your provided NIN details, including your biometrics (i.e. finger prints or facial image), will be verified against the National Identity Management Commission database and on confirmation of the information provided, these details will be adopted as your SIM registration details on the Network. Registration of a SIM Card by a Subscriber shall only be valid and completed after successful verification and linkage of the Subscriber’s MSISDN to his/her NIN.

4.4 Please note that by providing your NIN details for the purpose registering a SIM card on the Network, you consent to MTN updating its SIM registration records with these NIN details.

4.5 All personal information relating to the Subscriber made available to MTN due to the NIN link or via any other medium as stated within these Terms and Conditions shall be stored, processed and subject to at all times to MTN’s privacy policy at https://www.mtn.ng/data-privacy-policy the Nigerian Data Protection Regulations, the NCC Registration of Telephone Subscribers Regulation (2011) and any other applicable extant regulation.

4.6 Please note that the requirement of a NIN for the purchase of a SIM card shall not apply to visitors staying less than 24 (twenty-four) months within the territory of the Federal Republic of Nigeria. Such persons will however require a valid visa and international passport/travel document to perform a SIM registration on the Network.

4.7 After registration, the MSISDN shall be enabled to make, and receive calls and perform the full range of services available on the MTN Network. You are however required to undertake a revenue generating event/activity (i.e. make call/SMS or engage in an internet data session) within forty eight (48) hours after such registration (Initial Post-Registration Revenue Generating Event). The Subscriber is required to perform a further revenue generating event/activity forty eight (48) hours after the Initial Post Registration Revenue Generating Event, failing which the MSISDN will revert to pre-registration status i.e. receiving calls or SMS alone.

4.8 The timelines as provided above are subject to change based on directives issued by the NCC from time to time.

5.1 The following are the two categories/options available to postpaid accounts for new customers:

a. Credit based account – For the purpose of the credit based account activation, the Subscriber shall be required to provide the following:

i. Completed Subscriber Agreement Form;

ii. Bank Verification Number (BVN) and/or any other information, which may be required to complete credit assessment for the Subscriber;

iii. Payment of a non-refundable fee of N2000 (Two Thousand Naira) for service activation;

iv. Subscriber’s valid NIN slip for verification;

v. Subscriber’s passport photo (soft/hard copy); and

vi. Any other documentation as may be required for the allocation of unsecured credit as included in MTN credit policy document.

b. Deposit based account – For the purpose of the deposit based account activation, the Subscriber shall be required to provide the following:

i. Completed Subscriber Agreement Form;

ii. Payment of a non-refundable fee of N2000 for service activation;

iii. Subscriber’s NIN slip for verification;

iv. Subscriber’s passport photo (soft/hard copy); and

v. Minimum N5000 (Five Thousand Naira) Security Deposit (which shall be applied as credit limit).

5.2 The provision in Clause 5.1 (a & b) above shall be subject to rules indicated in MTN credit policy for all accounts activated under any of the postpaid account category.

5.3 MTN reserves the right to review or withdraw credit where information provided by the Subscriber during pre-assessment is false or there is a significant change in situation under which credit was advanced.

5.4 All Orders placed by the Subscriber shall be subject to MTN’s approval and at MTN’s sole discretion. MTN shall not be obligated to provide any reason to the Subscriber where such Order is not approved.

5.5 MTN shall use its best endeavors to promptly comply with any requirements recorded in the Order but shall not be liable to the Subscriber in the event that it fails to comply with the said requirements.

5.6 The Subscriber will be liable for all usage charges that are, or become, payable in respect of each SIM Card issued whether he/she/it or any third party used such SIM Card.

5.7 The Subscriber shall be responsible for obtaining all necessary approvals and authorization imposed by any competent authority in respect of the requirements contained in the Order and the Subscriber hereby indemnifies MTN against any claim or liability suffered by MTN by reason of such approvals and authorizations not having been obtained.

5.8 The risk in and to the SIM Cards, products and services contained in the Kit transfers to the Subscriber upon delivery and accordingly, MTN accepts no responsibility whatsoever for any loss of or damage to any of the contents of the Kit including, inter alia, the SIM Card where applicable. In the event of the Subscriber losing his/her Terminal Equipment and/or SIM Card, such items shall be replaced at the Subscriber’s own cost.

5.9 If a SIM Card is lost, stolen or damaged, the Subscriber shall immediately notify MTN in writing. The Subscriber shall remain liable for all costs and charges pertaining to such SIM Card. MTN shall, as soon as reasonably possible, issue to the Subscriber a replacement SIM Card, and may in its discretion, require the Subscriber to effect payment of a reasonable charge in respect of the cost of such SIM. Such loss, theft or damage of a SIM Card and/or the issue of a replacement SIM Card and/or the allocation of a new MSISDN for any reason, shall in no way be deemed to constitute a termination of this Agreement which shall continue to be of full force and effect.

5.10 The Subscriber hereby warrants and undertakes in favour of MTN that the Subscriber:

5.10.1 Shall not use or allow the Network services to be used for any improper, illegal, immoral or unlawful purpose, or in any way which may cause injury or damage to any persons or property or an impairment or interruption to the Network Services;

5.10.2 Shall only use Terminal Equipment compatible with the MTN Network, and comply with all relevant legislation and regulations imposed by any competent authority and all directives issued by MTN relating to the use of Terminal Equipment, Network Services and SIM Cards;

5.10.3 Will not act, (whether by commission or omission) in any way likely to injure or damage any person, property or the Network or cause the quality of the Network Services to be impaired or interrupted in any manner;

5.10.4 Recognizes that no right, title or interest in the software, MSISDN or the IMSI contained in each SIM Card issued to the Subscriber vests in the Subscriber;

5.10.5 Shall not, nor permit any third party to reverse engineer, decompile, modify or tamper with the software, the MSISDN or the ICC contained in, or pertaining to, any SIM Card; and

5.10.6 Shall not use the SIM card for any purposes or use other than for the purposes or uses contemplated under this Agreement.

5.11 Subject to the NCC’s directive on Valued Added Services, the provision of any Value Added Services, the determination of any charges therefore or the withdrawal of such Value Added Services shall at all times be made by MTN in its sole discretion. In the event that MTN withdraws any Value Added Services for which a Subscriber Fee is charged, no further subscription Fee will be charged for the period after the withdrawal of the Value Added Services concerned. Where the Subscriber subscribes to a package option that includes the provision of Value Added Services free of charge, MTN shall be entitled, in its sole discretion and subject to NCC’s directive on Valued Added Services, to vary, discontinue any such Value Added Services. MTN shall also notify the subscriber of the discontinuance of the VAS services.

5.12 Except for when MTN advises the availability of roaming services, you will be able to make and receive calls only when you are in the Federal Republic of Nigeria in an area covered by the MTN Network. You may not be able to utilize your SIM Card on any other network other than MTN’s Network. Roaming services will be charged based on MTN’s rates that may be advised from time to time.

5.13 MTN reserves the right to, without notice, change the frequency by which you access the MTN network. Any services made available to you upon your purchase of the Kit (where applicable) may be varied by MTN from time to time. Furthermore, the charges of such services (if any) may be varied by MTN in line with the applicable regulatory requirements and without notice to the Subscriber.

5.14 No warranties are given in relation to the items contained in the Kit or in relation to the Network.

5.15 Nothing contained in these Terms and Conditions pertaining to the sale of Terminal Equipment and SIM Card will be construed as vesting in or transferring to you any right, title or interest in the software, the MSISDN or the ICC contained in any SIM Card or any intellectual property belonging to MTN.

5.16 A Subscriber may be entitled to a refund of the Airtime on his account at the time the MSISDN is recycled provided that the Subscriber can establish ownership of that phone line at any given time within the one (1) year period of non-revenue generating activity on the MSISDN. The refund shall be less any fee paid by MTN for the number during the one (1) year period of non-revenue generating activity.

5.17 You agree that unsolicited marketing messages shall be sent to you in accordance with your Do not Disturb (DND) status.

5.18 By purchasing our SIM Pack, you agree that any issues that arise from the use of our Network Services shall not constitute a breach of any fundamental human rights and no right of action shall lie therefrom.

5.19 These terms and conditions shall apply to all Subscribers equally.

6.1 MTN will reasonably endeavour to make the Network available and will advise the Subscriber of any planned outages. Nevertheless, unplanned outages may occur on the MTN Network for reasons beyond our control (i.e. force majeure events may occur).

6.2 MTN Services may be interrupted, including for maintenance, repairs, upgrades of equipment or due to technical issues. MTN may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect the provision of our Services, such as events in nature and other force majeure events. However, MTN is hereby excluded from any liability as a result of a call being interrupted and/or failing for any reason or for any interruption in the provision of Network Services.

6.3 As a Subscriber, your Service area, network availability, coverage and quality may vary based on a number of factors, including your selected Service, network capacity, terrain, weather, or if your Terminal Equipment no longer supports network technologies compatible with or available on MTN’s network.

6.4 Outages and interruptions in Service may occur, and speed of Service varies. Your Terminal Equipment also have varying speed capabilities and their stability of connection to the MTN Network may differ depending on technology. Even within coverage areas and with broadband-capable devices, network changes, traffic volume, outages, technical limitations, signal strength, obstructions, weather, public safety needs, and other conditions may impact speeds and disrupt MTN’s provision of Services.

6.5 MTN constantly works to improve network performance and capacity for the benefit and satisfaction of its Subscribers, however, there are physical and technical limits on how much capacity is available, and in constrained locations the frequency of heavy loading in relation to available capacity may be greater than in other locations thereby impacting Service availability.

7.1 In consideration for the provision of the Network Services, SIM Cards and any other products and/or service supplied by MTN to the Subscriber, the Subscriber shall, where applicable, effect payment to MTN of the applicable Fees, as detailed by MTN from time to time, whether or not the Network Services have been, or are being utilized by the Subscriber.

7.2 MTN may on reasonable notice to the Subscriber; vary any charges, either in whole or part, with effect from the date specified in such notice.

7.3 Unless otherwise agreed by MTN in writing, the Subscriber shall effect payment to MTN:

7.3.1 for the provision and activation of SIM Cards;

7.3.2 for Terminal Equipment (applicable only in the event of a device financing scheme as available pursuant to our Services);

7.3.3 Security Deposit commensurate to desired credit limit; and

7.3.4 non-refundable service fee to activate new postpaid plan.

7.4 Subscribers can make payment through any of the following acceptable means:

7.4.1 Cash;

7.4.2 Airtime top-up; and

7.4.3 Electronic channels (DYA, debit/credit card, POS, bank transfers etc.)

7.5 Where payment is made by the Subscriber through any means, including electronic means or any other intermediary, the Subscriber’s bankers or other intermediaries shall act as the Subscriber’s agents and the Subscriber shall have discharged its obligations only upon payment being received and acknowledged by MTN and/or by the bankers of MTN and such payment has been identified by MTN as the Subscriber’s payment for the relevant Subscriber’s Account.

7.6 MTN may at any time, on reasonable notice to the Subscriber vary its invoicing and/or payment procedure and requirements. Such notice may be prior to or after such variation.

7.7 MTN shall invoice the Subscriber monthly or as may be determined from time to time. In the event that MTN requires payment for the services provided to the Subscriber to be made by a particular method, and the Subscriber has authorized payment to MTN, the Subscriber will commit a breach of this Agreement if the Subscriber:

7.7.1 Changes/withdraws such authorization without the prior written consent of MTN.

7.7.2 Changes his banking details upon which such payment relies, without giving MTN prior written notification of such change and providing MTN with the Subscriber’s new banking details and alternative payment means acceptable to MTN.

7.8 Notwithstanding the banking details contained in the schedule, the Subscriber hereby authorizes MTN to debit any bank account held by the Subscriber for any amounts owed by the Subscriber to MTN in terms of this Agreement.

7.9 MTN may by email or text message provide to the Subscriber the Subscriber’s monthly statement bill(s). These bills shall be sent to the Subscriber’s email or MSISDN, which was provided by the Subscriber at the point of Activation. MTN shall not be liable for any delay in delivery or non-delivery of any such statement(s) bill to the Subscriber. It shall be the duty of the Subscriber to check the bill in order to ensure that the contents thereof are correct and to settle all bill(s) promptly. Unless a query is raised in respect of the contents of a bill within 5 (five) days from the date thereof, the content shall be deemed to be correct.

7.10 For purposes of clarity, it is hereby agreed that the monthly statement bill(s) as referenced in Clause 7.7 above, shall only reflect the Subscriber’s monthly usage based on the Credit Limit. For all usage within and outside the Credit Limit, please access https://mymtn.com.ng/ or MyMTN App.

7.11 Billing and invoice records will be available for a period not exceeding 12 (twelve) months prior to a request for the records.

7.12 Any migration from one Package Option to another shall for the duration of this Agreement be subject to MTN’s approval in its sole discretion. In addition, any migration or upgrade applied for by the Subscriber shall be treated in accordance with MTN’s policies and procedures from time to time.

7.13 Subject to any contrary provision of the price as may be indicated by MTN from time to time:

7.13.1 Local, national and inclusive minutes are calculated and charged per minute or per second as may be applicable, or any part thereof.

7.13.2 International calls are charged per minute or per second, as referred to above and at the rate applicable from time to time in respect of the particular package to which the Subscriber subscribes.

8.1 MTN may require the Subscriber to provide a deposit as security for the payment of:

8.1.1 Any item of Terminal Equipment; and/or

8.1.2 In the event of more than one Terminal Equipment, each Terminal Equipment; and/or

8.1.3 Security Deposit and charges which include usage charges and any other charges pertaining to the provision of the Network Services, SIM Cards and any other services however described, by MTN to the Subscriber.

8.2 Where any amount is held by MTN on the Subscriber’s behalf as a deposit for the purposes referred to in Clause 8.1 above, such amount shall not attract any interest and accordingly, MTN shall not be liable to the Subscriber for any interest payments on the amounts so held.

8.3 The Subscriber will not be entitled to use the Security Deposit as part of the credit limit and his/her credit limit, the Subscriber shall be required to increase his/her deposit.

8.4 MTN shall in its discretion be entitled to use the deposit to clear any debt where unpaid for 18 (eighteen) months or MTN may retain the deposit for as long as it deems it necessary as security for the fulfilment of the Subscriber’s obligation as set out in this Clause 8. Accordingly, the Subscriber shall not be entitled to require the return of such deposit from MTN unless the Agreement was terminated. In which case, MTN shall be entitled to offset against the deposit all and other amounts, which are due, by the Subscriber to MTN. In the event that any balance remains from the deposit, MTN shall then be obliged to pay such balance over to the Subscriber in accordance with the following terms:

8.4.1 All Security Deposits (cash or electronic payment) (including port-out customers) will be refunded by electronic transfer.

8.4.2 Refunds shall be made at least 30 days after reconciliation of the Subscriber’s Account.

9.1 In the event that a Subscriber applies to change the method by which he/she pays for services delivered by MTN, more specifically if a Subscriber applies to change from MTN’s prepaid billing system to the postpaid billing system and MTN accepts the Subscriber’s application, he/she shall do so subject to the following conditions:

9.1.1 Complete a Subscriber agreement form giving details of personal information as required.

9.1.2 Provide NIN slip for verification.

9.1.3 Existing prepaid customers with complete details on customer management system, will not require to present a valid identification card/document during prepaid to postpaid migration.

9.1.4 Be subject to MTN credit rating matrix.

9.1.5 The Subscriber shall be required to provide any other document as may be required by MTN in MTN’s sole discretion.

9.1.6 Any Value Added Services which the Subscriber wishes to retain from its previous package shall unless otherwise agreed to in writing, be subject to the tariff applicable to the new package.

9.1.7 The Subscriber’s remaining airtime and/or access days prior to migration shall be migrated to the postpaid service accordingly.

9.1.8 All information supplied by the Subscriber in his/her application, including the SIM and MSISDN number, is warranted by the Subscriber to be true and correct. The Subscriber shall be liable for all costs, losses and charges incurred by MTN in rectifying incorrect information supplied by the Subscriber. In addition, the Subscriber hereby indemnifies MTN against any charges, damages and/or actions incurred by or brought against MTN following MTN’s use of such information.

9.1.9 The Subscriber further warrants that he/she has the authority to complete the application in relation to such SIM card and MSISDN number.

9.2 The following migration rules shall be applicable for an application for migration:

9.2.1 An application from prepaid to postpaid shall be for a credit limit not below N5,000 where it is a deposit activation.

9.2.2 Where an application for a deposit to credit activation is made by a Subscriber, MTN shall convert the Security Deposit to airtime.

9.2.3 A Security Deposit shall be required for migration from a Credit Based Account to Deposit Based Account, for credit limit allocation.

9.2.4 A letter of release from a corporate Subscriber must be provided for an application for migration from corporate to consumer account in addition to the other requirement for credit/deposit activation as appropriate.

10.1 Provision of the Network Services may be interrupted or suspended by MTN at any time, inter alia:

10.1.1 To facilitate any modifications, maintenance or remedial work in respect of the Network Services or the Network by MTN; or

10.1.2 If you act or omit to act in such a way that the operation of the Network or quality of the Network Services may, in MTN’s opinion, be jeopardized; or

10.1.3 Where there is an outstanding debt payable by you for calls or activities made on your MSISDN; or

10.1.4 To facilitate reconciliation of any outstanding debt you may have accrued in respect of usage of the Network Services; or

10.1.5 To enable the conduct of any investigation regarding your Terminal Equipment, SIM, MSISDN or related activities of any sort whatsoever; or

10.1.6 Upon lawful court order or directive of any Security Agency in relation to the conduct of any investigation regarding your Terminal Equipment, SIM, MSISDN or related activities of any sort whatsoever; or

10.1.7 For so long as you do not comply with or are in breach of any of the conditions contained under this Terms and conditions; or

10.1.8 If the Subscriber infringes the intellectual property rights relating to the use of the SIM or MSISDN;

10.1.9 If the Subscriber fails to perform any of his/her obligations, or breaches any terms of this Agreement;

10.1.10 If the Subscriber fails to pay for the credit limit that MTN with his/her consent had assigned to him/her.

10.1.11 Any other scenario which in MTN’s opinion necessitates the interruption and suspension of the Network Services.

10.2 MTN reserves the right to require you to effect payment of any applicable reconnection charges pursuant to the restoration of Network Services suspended in the circumstances contemplated in Clauses 10.1.3. and 10.1.4. MTN shall not be obliged to lift the suspension of your access to the Network Service unless payment is effected.

10.3 Where you are indebted for calls or activities made on your MSISDN and subsequently recharge your account, any loaded airtime will be used to offset any outstanding liabilities until the indebtedness is extinguished.

10.4 Notwithstanding the suspension contemplated in Clause 10.1.1, the period of operation of the Agreement shall not be interrupted.

11.1 Your Postpaid account would become dormant where:

11.1.1 You have not made any chargeable activity for a period of 6 months.

11.1.2 You have not settled outstanding bills for a period of 96 days+.

11.2 Where there are no outstanding debt and chargeable activities on the line, the following will apply:

11.2.1 Your line will be suspended after 180 days (this is inclusive of 96 days stated in 10.1.2).

11.2.2 You will have the option of reactivating the account by recharging the line within the 180 days and perform a chargeable activity.

11.2.3 Where a dormancy period of five hundred and forty (540) days elapses and account has not made any rechargeable activity, the contract would be terminated and account recycled in line with the provisions of this clause 11.

11.3 Where there is an outstanding debt on the line, the following will apply For Postpaid (Consumer)/Postpaid (High Value Customer-HVC):

11.3.1 A Soft Suspension will be effected on your line if outstanding bills are not paid by the Sixth (6th) / Sixteen (16) days after they fall due from the grace period of five (5) days and fifteen (15) days respectively.

11.3.2 A Hard Suspension will be effected on your line if thirty (30) / twenty (20) days after the Soft Suspension outstanding liabilities on your MSISDN are still not settled.

11.3.3 A quarantine will be effected on your line if sixty (60) days after the Hard Suspension, outstanding liabilities on your MSISDN are still not settled.

11.3.4 MTN shall have the right to recycle any quarantined line at any time if outstanding liabilities on your MSISDN are still not settled. PROVIDED THAT MTN may at its sole discretion postpone the recycling of any such MSISDNs.

11.3.5 Notwithstanding the provisions of 10.3.4 above, your MSISDN shall be deemed forfeited and may be recycled by MTN where there are any outstanding liabilities thereon and such liabilities remain unsettled for a maximum period of five hundred and forty days (540) days.

11.4 Where a Subscriber’s liabilities on his/her account remain unsettled for a period of five hundred and forty (540) days, at MTN’s discretion:

11.4.1 It shall be moved to the prepaid platform (Pay as you go default plan), however, the Subscriber shall only be able to make use of the line after all liabilities have been settled in full.

11.4.2 Previous Postpaid contract shall be automatically terminated when accounts are moved to prepaid.

11.4.3 Contracts moved to prepaid account can only move back to Postpaid after 3 months of settling the indebtedness.

11.5 When contract is moved to prepaid account on the grounds of unsettled indebtedness, they become subject to recycling i.e. they will be recycled if they are dormant for a period of one (1) year .

11.6 Where a Subscriber indicates interest to remain on the postpaid platform, he will be assigned a new credit limit as assessed and or deemed reasonable by MTN.

11.7 MTN stands to remove the assigned credit limit upon a second defaulting on bill payment/ overdue indebtedness without recourse to customer.

11.8 Re-assignment of the credit limit can only happen after ninety (90) days of acceptable performance in the prepaid segment and other credit assessment benchmarks

In purchasing a Kit:

12.1 The Subscriber acknowledges that MTN shall not be liable for any loss, injury or damage to any person arising out of the use of the Subscriber’s Terminal Equipment or the contents of the Kit.

12.2 The Subscriber indemnifies MTN and hold it harmless from and against any liability arising out of claims made against MTN, its employees and/or its agents in connection with the use of the Services and the contents of the Kit. Furthermore, the Subscriber acknowledges that MTN shall not be liable for any loss, claim, harm, expense or damages suffered or sustained by the Subscriber or any third party and arising, directly or indirectly out of suspension of the Network Services or any of them pursuant to the provisions of these conditions.

12.3 Without detracting from any of the other provisions of these terms and conditions, MTN shall not be liable to the Subscriber for any loss or damage suffered by the Subscriber whether same is direct or consequential:

12.3.1 In the event that such loss or damage was not caused by any negligent act or omission on the part of MTN, its employees and/or its agents; or

12.3.2 Where such loss or damage is as a result of the Subscriber accessing VAS from any third party content provider through the MTN Network; or

12.3.3 In the event of a SIM swap effected by MTN upon reasonable compliance with the Regulators’ guidelines and its internal processes; or

12.3.4 Where MTN fails for any reason whatsoever to supply and/or deliver any Terminal Equipment or SIM card(s), either on the required date, or at all; or

12.3.5 Where the Network Services are interrupted, suspended or terminated, for whatever reason; or

12.3.6 Where MTN fails to suspend the provision of the Network Service to the Subscriber in terms of an arrangement between MTN and the Subscriber or after the Subscriber has specifically requested MTN to do so in other to limit the Subscriber’s Usage Charges; or

12.3.7 Where such loss or damage was caused by any negligent act or omission on the part of the Subscriber.

13.1 Should the Subscriber lose his/her SIM Card and/or cellphone; the Subscriber should report this to MTN immediately.

13.2 In the event of loss of or damage to the Subscriber’s SIM Card, the Subscriber has a choice of either purchasing a replacement SIM Card with a new MSISDN or effecting a SIM swap, from an MTN Service Centre or through alternative means as advertised by MTN to retain the MSISDN. Should the Subscriber choose a SIM swap, the swap shall be carried out in accordance with MTN’s verification procedure and regulatory guidelines. The swapped SIM Card will still be charged for at a rate determined by MTN in accordance with any relevant regulatory requirements.

13.3 MTN advises the Subscriber to keep his/her password and identification documents confidential. MTN will not be held liable for any loss or damage of whatever nature arising from/caused by the loss, theft, unauthorized distribution and/or manufacture of any SIM Card including unauthorized third party SIM swap, unlawful withdrawal from the Subscriber’s Bank account or unauthorized or illegal use of Subscriber’s SIM.

13.4 The Subscriber may not in any way tamper with, modify or decompile his/her SIM Card. In the event that MTN has reason to believe that the Subscriber has so tampered with his/her SIM Card, MTN reserves the right to suspend the Subscriber’s Network Services.

13.5 MTN is not responsible for a call being interrupted and/or failing for any reason or for any interruption in the Network Services.

13.6 In event of loss and or damage of SIM card, swap can only be done by the Subscriber (No SWAP by proxy).

14.1 In the event that the Subscriber breaches any term of this Agreement, or any warranty given by him/her hereunder, or fails to fulfill an obligation resting upon him/her, including a failure to pay any amount owing to MTN on due date, then without prejudice to MTN’s rights, MTN may forthwith and without notice to the Subscriber, either terminate this Agreement, or call for specific performance of all the Subscriber’s obligations and immediate payment of all sums of money owed by the Subscriber, whether or not then due, in either event without prejudice to MTN’s right to seek such damages as it may have suffered by reason of such breach or failure.

14.2 Notwithstanding the afore-going and pending MTN’s election in terms of this clause, MTN shall not be obliged to perform any of its obligations under this Agreement and the Subscriber shall remain liable for the payment of all amounts owing by the Subscriber in terms of this Agreement, whether or not such amounts are due.

14.3 MTN shall be entitled forthwith, without notice to terminate the Agreement in the event that the Subscriber is bankrupt, liquidated, or placed under judicial management, whether provisionally or finally, and whether voluntary or compulsory.

14.4 Without detracting from any of the other provisions of this Clause 14, in the event of the Subscriber breaching any provisions of this Agreement or the Subscriber prematurely terminating this Agreement and/or MTN electing to cancel same, the Subscriber shall be liable to effect payment to MTN of all the monthly service charges which would have been payable to MTN in respect of the remainder of the initial period or renewed period (whichever is applicable) of this Agreement.

14.5 The Subscriber will be entitled to refer any dispute between itself and MTN relating to the availability of the Network Services, to the Regulatory Authority.

15.1 Unless the Subscriber specifically elects to take insurance for loss or damage to the Terminal equipment and related risks in accordance with the procedure and/or policies introduced by MTN from time to time, the Subscriber shall not be covered by any insurance procured by MTN.

15.2 The Subscriber declares that at the time of concluding this Agreement and/or requesting insurance cover, the Subscriber was aware of the provisions of the applicable insurance policy and agrees to be bound by thereby.

15.3 It shall be the responsibility of the Subscriber to ensure that the premiums in respect of his/her insurance policy are paid timeously and in full and, if for any reason.

15.4 Save as provided herein, any queries which the Subscriber may have regarding or arising from the insurance of the Terminal Equipment and related risks, shall be directed to the insurance administrators or brokers, as the case may be.

instituted against the Subscriber in terms of, or arising out of the provisions of this Agreement, provided that MTN, in its sole and absolute discretion shall be entitled to institute any such actions or proceedings in the High Courts of Nigeria possessed of the requisite jurisdiction.

16.9 A document under the hand of any authorized officer of MTN certifying the sum of any amount owing by the Subscriber to MTN shall be prima facie proof of its contents and sufficient proof for the purposes of enabling MTN to obtain any judgment or order against the Subscriber.

16.10 If any term, condition, agreement, requirement or provision contained in this Agreement is held by any court having jurisdiction to be unenforceable, illegal, void or contrary to public policy, such term, condition, agreement, requirement or provision shall be of no effect whatsoever upon the binding force or effectiveness of any of the remainder of this Agreement, it being the intention and declaration of the parties that had they or either of them known of such unenforceability, illegality, invalidity or that the provision was contrary to public policy, they would have entered into a contract, containing all other terms and conditions set out in this Agreement.

16.11 The Subscriber hereby authorizes MTN or MTN’s authorized agents to share/transfer the Subscriber’s name, address and any other relevant personal details with any party in line with the reasonable requirements of MTN’s business purposes or to enable MTN comply with its national security obligations or any other obligations under any relevant Law or Regulation. MTN shall ensure that the provided information shall not be utilized for purposes other than those contemplated in this Clause.

16.12 Each of the parties chooses, as their place of permanent residence/principal place of business for purposes of the giving of any notice, the serving of any process and for any other purposes arising from this agreement, their respective addresses as set forth by MTN in Clause 1 and by the Subscriber as set forth in the Schedule.

16.13 Each of the parties shall be entitled from time to time, by written notice to the other to vary its domicilium to any other address within the Federal Republic of Nigeria which is not a post office box or poste restante.

16.14 No alteration, cancellation or variation, which the Subscriber may be entitled to make to the Schedule, shall be of any force or effected unless thirty (30) days written notice of such alteration, cancellation or variation is given to MTN.

16.15 Any notice given by a party to the other (“the addressee”) which:

16.15.1 Is delivered by hand during the normal business hours of the addressee’s domicilium for the time being shall be presumed, unless the contrary is proved by the addressee, to have been received by or on behalf of the Subscriber at the domicilium, the presumption shall only apply as regards MTN if proof of receipt is obtained by the party effecting such delivery and duly produced as may be required to prove such delivery.

16.15.2 Is posted by prepaid registered post from an address within the Federal Republic of Nigeria to the addressee at the addressee’s domicillum for the time being shall be presumed, unless the contrary is proved by the addressee to have been received by the addressee on the seventh day after the day of posting.

16.16 Where, in terms of the Agreement any communication is required to be in writing, the term “writing” shall include communications by email unless the contrary is proved by the addressee.

16.17 In the event of MTN instituting legal proceeding against the Subscriber to recover amounts due to MTN or take any other legal action arising from out of this Agreement, the Subscriber shall be liable for the legal costs on the scale as between attorney and own client and/or any collection costs.

16.18 MTN shall be entitled to charge any banking, and/or administration fees in the event of the Subscriber defaulting in its payment of any other of its obligations as set out in this Agreement.

16.19 The Subscriber is entitled to refer any dispute relating to the Network Services to the Regulatory Authority. In referring the dispute, the Subscriber shall however ensure compliance with the compliant procedure/process established under the NCC’s Consumer Code of Practice.

By signing below, I …………………………………………………of………………… (the Subscriber) accept to be bound by the above Terms and Conditions including the terms of any Annexure attached hereto (if any).

Signature:

Date: